Robinson v. Lewis

Defendant appeals from a judgment for plaintiff for injuries sustained while riding in defendant’s automobile.

In this court defendant contends that the trial court ered (1) in striking his affirmative defense of contributory negligence based on plaintiff’s failure to use an available seat belt and (2) in instructing the jury concerning the basic rule.

Plaintiff’s complaint alleged that while he was riding in defendant’s automobile defendant permitted the automobile to collide with a guard rail on the west approach to the Ross Island Bridge in Portland. Plaintiff further alleged that the…